Love shouldn’t be suppressed: Activists on same-sex marriage

Centre’s refusal to recognise same-sex marriage has not gone down well with activists and members of the LGBTQIA community in Hyderabad

Hyderabad: The Centre’s refusal to recognise same-sex marriage, in the affidavit submitted to the Supreme Court, has not gone down well with activists and members of the LGBTQIA community in Hyderabad. The advocacy groups from the community have maintained that the Centre’s stand is “outdated and unfair”.

While the Supreme Court on Monday referred the set of petitions seeking to legalise same-sex marriages to a Constitution Bench of five judges, the Centre on March 12 submitted a 56-page affidavit opposing the legal status of same-sex marriages.

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In its affidavit, the Centre said: “The institution of marriage has a sanctity attached to it and in major parts of the country it is regarded as a sacrament, a holy union, and a sanskar. In our country, despite statutory recognition of the relationship of marriage between a biological man and a biological woman, marriage necessarily depends upon age-old customs, rituals, practices, cultural ethos and societal values.”

Commenting on the Centre’s affidavit, Anil, vice-president of Mobbera Foundation, Hyderabad, said: “This only shows the government’s inability to come out of colonial laws and mindset. It is quite shameful. Same-sex couples are unable to claim medical insurance or adopt or enjoy other such basic human rights given in our secular democratic nation. We deserve those rights and love should not be suppressed.” Most parents also do not accept their children’s queer relationships because no law legally recognises it, he points out.

Queer Nilayam founder Jayant said the Centre’s affidavit was aimed at nixing the petitions that were submitted to the Supreme Court. “I am hopeful that a Constitution Bench will be favourable towards legalising same-sex marriages. I also feel that winning this single landmark case will not make India an inclusive nation. The Centre’s affidavit will set us back by at least 50 years.”

In terms of seeking rights, the community members pointed out that they are in it for the long haul. “After decriminalising 377, we are now fighting for same-sex marriage. Next, it will be adoption rights, then making sure schools accept those kids of queer parents. It is a long fight and it certainly is not over yet,” Jayant said.